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This Act shall take effect from

and after its

Sec. 2 passage.

GEORGE BRADLEY,
Speaker pro tem, of the House of Representatives.

RICHARD G. MURPHY,
President pro tem, of the Senate.

APPROVED—February twenty-seven, one thousand eight hundred and fifty-eight.

CHAS. L. CHASE, Acting Governor.

SECRETARY'S OFFICE, Minnesota,

February 27, 1858. I hereby certify the foregoing to be a true copy of the ori. ginalon file in this office.

Chas. L. Chase, Secretary.

CHAPTER XIII.

An Act to allow Justices of the Peace to enter Judgment

upon Confession.

STOTION 1. Authorizes Justices of the Peaco to enter judgment apon confession in sans

not exceeding one hundred dollars.
2. No judgment to be taken except

1. Defendant must personally appear.
2. Confession to be in writing, signed and witnessed.

3. Statement of facts, showing the liability.
3. Statement and affidavit to be filed, and judgment entered on judgment book
4. Transcript to be made, on demand, and to be filed by Clerk of Court.
3. Judgment to have liep upon real estate, same as judgment of District Court
6. Act to take effect May 1, 1858.

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1. That any Justice of the Peace in this State may enter a judgment by confession, if the defendant or defendants in any case, when the debts or damages shall not ex. Judgment by ceed one hundred dollars, with such stay of execution as may confession be agreed on by the parties interested in such judgment.

Sec. 2. No confession shall be taken, or judgment rendered thereon, unless the following requisites be complied

with:

Ist. The defendant must personally appear before the Justice.

To be in writin and verified

Statement of facts

of peace

court

2d. The confession shall be in writing, signed by the deing fendant, and verified by his oath, and filed with the Justice.

3d, If it be for money due, or to become due, the confes. sion must state concisely the facts out of which it arose, and must show that the sum confessed therefor, is honestly due, or to become due. If it be for the purpose of securing a contingent liability, it must state concisely the facts constituting the liability, and must show that the sum confessed therefor does not exceed the same.

Sec. 3. The statement and affidavit may be filed with the Duties of justice Justice of the Peace, who must endorse upon it the time of

filing, and must enter upon his judgment book a judgment for the amount confessed, with one dollar costs. The statement and affidavit, with the judgment endorsed thereupon become the judgment roll.

Sec. 4. Every Justice, on demand of any person in whose

favor a judgment has been confessed, as hereinbefore provi. Transcripts

ded, shall give a certified transcript of such judgment, and the Clerk of the District Court of the same county in which the judgment was rendered, shall, upon the production of any

such transcript, file the same in his office, and forthwith enn district ter such judgment in his docket of the District Court judg.

ment and decrees, and shall note the time of filing such transcript.

Sec. 5. Every such judgment, from the time of filing the

transcript thereof, shall have the same lien on the real estate Lien on real es- of the defendant or defendants in the county, as a judgment tate a B

of the District Court of the same county, shall be equally under the control of the District Court, and shall be carried with execution in the same manner and with like effect as the judgment of such District Courts, but no execution shall be in force thereon out of the District Court, until an execution shall have been in force by a Justice, and returned, that the defendant or defendants, have no goods or chattels whereon to levy the same.

Sec. 6. This Act shall take effect from and after the first day of May next.

GEORGE BRADLEY,
Speaker pro tem, of the House of Representatives.

RICHARD G, MURPHY,

President pro tem. of the Senate. APPROVED-February second, one thousand eight hundred and fifty-eight.

CHAS. L. CHASE, Acting Governor. SECRETARY'S OFFICE, Minnesota,

February 2, 1858. ] I hereby certify the foregoing to be a true copy of the original on file in this office.

Chas. L. Chase, Secretary.

Execution

CHAPTER XIV.
An Act to extend the Jurisdiction of Justices of the

Peace.
SECTION 1. Justices of the Peace to have jurisdiction in civil actions against Consta-

bles, or their sureties.

Be it enacted by the Legislature of the State of Minnesota :

Section 1. That Justices of the Peace have jurisdiction in all civil actions to be brought against a Constable or the

Jurisdiction sureties to his official undertaking, or against both, for the

against consta failure of any Constable to pay over any money by him col- bles lected, to the party thereto entitled, or for any neglect of duty by such Constable in his official capacity, when the sum sought to be recovered by the plaintiff in such action shall not exceed one hundred dollars.

GEORGE BRADLEY,
Speaker pro tem. of the House of Representatives.

RICHARD G. MURPHY.

President pro tem. of the Senate. Approved February second, one thousand eight hundred and fifty-eight. 1

· CHAS. L. CHASE, Acting Governor. SECRETARY'S OFFICE Minnesota,

February 2, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office.

Chas. L CHASE, Secretary.

CHAPTER XV.
An Act to provide for the issuing of Commissions to take

testimony by Justices of the Peace.

SECTION 1. Justices authorized to appoint Commissioners to examine witnesses not

residing in county when suit is pending.
2. Commission to be granted at instance of either party-notice to adverse

party.
3. Execution and return of commission to be evidence on trial.
4. Power of Commissioner to issue subpoena, swoar witnesses, &c.
3. Issuing ot commissions not to adjourn suit more than pipety days oxcept

by consent.
6. Fees for issuing commissions.

Be it enacted by the Legislature of the State of Minnesota :
Section. 1. Whenever an issue of fact shall have been

tions

toreto

vome party

ou notice

jonied, in any action or suit, before a Justice of the Peace, Commissioners to be appointed and it shall appear on the application of either party, that to take deposi.

any witness not residing within the county where such suit is pending, is material in the prosecntion or defence of such action or suit, the said Justice may award a Commission to one or more competent persons authorizing them or any of

them to examine such witness on oath upon the interrogaAssent of parties tion settled by the said Justice, and certified by his appro

bation, entered or endorsed thereon, or by the written'agreement or assent of the parties annexed to such commission, to take and certify the depositions of such witness, and to return the same according to the directions given, with such commission, in which commission both parties may unite.

Sec. 2. Such commission may be granted at the instance of either party by such Justice of the Peace, at any time,

upon proof that due notice of such application for such comCommissioners mission has been served on the adverse party at least two may be granted

days before the time of making such application—and whenon notice to ad

ever the defendant shall neglect to appear or plead in such

action or suit, and the plaintiff shall make application for a Failure to appear commission to take the deposition of a material witness for

the prosecution of such action or suit, the Justice may award a commission without notice to one or more competent persons, to examine such witness on oath upon interrogations proposed by the plaintiff to be settled by the Justice, and certify the depositions, and return the same according to the directions given in such cimmission.

Sec. 3. The commission shall be executed and returned Doposition to be as is prescribed by statute when a commission issues out of ovidenco same as a Court of Record, and the deposition and testimony taken personal exami.

in pursuance thereof, shall be received on the trial, as testimony in the cause, with the like effect, as if such witness were personally examined at such trial.

Sec. 4. When the commission is executed in this State,

the Commissioner or Commissioners, shall have the same may issue sub power to issue subpanas, swear witnesses, and compel their

attendance as Justices of the Peace have.

Sec. 5. Whenever such commission shall be issued by any

Justice of the Peace, the action or suit shall not be adjournAdjournment of

ed for more than ninety days, unless by consent and agreement of the parties of such action or suit.

Sec. 6. The Justice of the Peace shall be entitled to fifty Food for issuing cents for every commission issued and approved by him, in commissions addition to the fees now allowed by law.

GEORGE BRADLEY,
Speaker pro tem of the House of Representatives.

RICHARD G. MURPHY,
President pro tem. of the Senate.

pation

Commissioners

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APPROTED—March third, eighteen hundred and fifty-eight.

CHAS. L. CHASE, Acting Governor SECRETARY'S OFFICE, Minnesota,

March 3, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office.

Chas. L. CHASE, Secretary.

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CHAPTER XVI.

An Act authorizing a change of Venue in Justices'

Courts.

SACTION 1. Amendments to Sec. 65, Art. 4, Chap. 64, Revised Statutos-monor of

obtaining change of Venue.

Be it enacted by the Legislature of the State of Minnesota :

Section 1. Section 65 of Article IV of Chap. LXIX of the Revised Statutes, on pago 308, is hereby amended so as to read as follows : Sec. 65. If, on the return of the process, made Justice to I

Afidavit bring or at any time before trial shall have commenced in any transfer salt to cause or proceeding, civil or criminal, either party, his agent another smaltos or attorney, shall make affidavit that the Justice before whom the same is pending is a material witness for said defendant, without whose testimony he cannot safely proceed to a trial thereof; or that from prejudice, bias, or other cause, he believes such Justice will not decide impartially in the matter ; or if it shall be proven that the Justice is near of kin to the plaintiff, then, in such case, the said Justice shall transfer said suit and all other papers appertaining to the same to Causes to bo rosome other Justice of the same or an adjoining precinct, who moved but ends may thereupon proceed to hear and determine the same in the same manner as it would have been lawful for the Justice before whom the said cause or proceeding was commenced to have done. Provided, That no cause or proceeding shall be removed more than once.

GEORGE BRADLEY,
Speaker of the House of Representatives.

RICHARD G. MURPHY,
President pro tem. of the Senate.

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